When someone develops mesothelioma or another asbestos-related illness, one of the most urgent questions they face is how long they have to take legal action. The answer depends on several factors, including the state where the exposure occurred, when the diagnosis was made, and whether the case involves personal injury or wrongful death. Acting quickly is essential to ensure your rights are protected.
Understanding the Statute of Limitations
Each state has a specific “statute of limitations” — a deadline for filing a lawsuit. In New York, where the Law Offices of Steven Gacovino, P.C. and his partners represent mesothelioma clients, the statute of limitations for filing a mesothelioma or asbestos claim is typically three years from the date of diagnosis.
If a loved one has died from mesothelioma, a wrongful death claim for mesothelioma must generally be filed within two years of the date of death. Because exposure to asbestos often occurred decades before diagnosis, these timelines begin once the illness is discovered, not from the time of exposure.
Why Time Matters
Once the statute of limitations expires, you may lose the legal right to seek compensation entirely. This is why it’s important to contact an experienced injury attorney as soon as possible after diagnosis or a family member’s death. Your attorney will need time to gather evidence, review employment or military service records, and identify the companies responsible for asbestos exposure.
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Identifying Responsible Parties
Asbestos exposure can occur in numerous settings — shipyards, construction sites, military bases, schools, or even older homes. Companies that manufactured, sold, or installed asbestos-containing products can often be held accountable. An experienced lawyer like Steven Gacovino, Esq and his national partners will investigate these sources and determine which corporations or trusts may be responsible for compensation.
When the Victim Has Passed Away
If your loved one has passed from mesothelioma, surviving family members such as spouses, children, or estate representatives may be eligible to file a wrongful death lawsuit. These cases can help recover costs for medical care, funeral expenses, and loss of companionship.
Getting Legal Help Quickly
If you or your loved one have been diagnosed with mesothelioma, do not delay seeking legal guidance. The Law Offices of Steven Gacovino, P.C. can help you determine exactly how much time you have and begin building your case immediately.
For more background on how statutes of limitations work, visit Cornell Law School’s Legal Information Institute.
If you or your family need help, contact the Law Offices of Steven Gacovino, P.C. at 844-692-1200 or fill out a simple form on our Mesothelioma Lawyers page to request your free consultation today.
Related Links
- A History of Landmark Mesothelioma Lawsuits in the United States
- Why You Need an Experienced Asbestos Lawyer for Your Case
- Understanding Asbestos Bans and Ongoing Risks in the U.S. Today
- What Is Mesothelioma and How Does Asbestos Exposure Cause It?
- How Much Compensation Can Mesothelioma Victims Receive?
- What to Do If You Believe a Loved One Died from Mesothelioma
- How Veterans Are Affected by Asbestos Exposure in Military Service
- What to Expect When Hiring an Asbestos and Mesothelioma Lawyer
- What Evidence Is Needed to Prove Asbestos Exposure in Court?
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